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You can't "give" custody legally to anyone other than by order of the court. Whether the father's incarceration or his name appears on the birth certificate has no bearing. However depending on the state you live in, if he is the known biological father, the court may decide to order a paternity test to establish it and then file a motion to amend the birth certificate based on the same if his parental rights haven't been otherwise terminated.

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12y ago

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Man signed birth certificate that's not the father there is a bio father and the child is not living with the mother which is unfit so does the bio father have full custody?

No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.


If a father in Florida is denied the visitation rights can he petition for sole custody?

Being denied visitation or not, a father can petition for sole custody. The two situations are not related.


What happens if the father signs the birth certificate?

If the father signs the birth certificate, he legally acknowledges paternity of the child. This means he may have rights and responsibilities, such as custody, visitation, and child support.


You are in Jacksonville Florida will you have sole custody if you leave your babies father?

Only if a single mother.


Who Gets Custody When the Father is Not on the Birth Certificate and unwed?

In most states, the biological mother receives presumptive custody unless and until modified by court order.


Which states do not automatically give sole custody to mothers?

All of them particularly if the father has signed the birth certificate or has otherwise been legally deemed as the father. ' The law has become gender-neutral in areas of child custody and the father has as many rights as the mother when it comes to custody. Ultimately, it comes down to the decision of the judge who would be better suited to act in the best interests of the child and custody is awarded based on the same. The mother has presumptive initial custody in some states, particularly if the father's name is not on the birth certificate or paternity is otherwise legitimized/established until custody is mandated by the courts.


Does The father Have rights if his name Is not on the certificate?

No. By signing the certificate he says he is the father of the child. If he then wants visitation rights or custody he have to petition in court after he has established paternity by a DNA test. He can then also pay child support.


Can father sign birth certificate allowing him to immediately enforce his paternal rights and full legal guardianship with physical custody of newborn before DHS interferes on behalf of unfit mother?

It depends on state law, but usually more than a name on a birth certificate is required for an illegitimate father to obtain custody or parental rights. He have to provide a DNA test to prove he is the father and then he can petition for custody.


Who gets custody of a child when mother hangs herself and the father is on birth certificate?

Having one's signature on the birth certificate is a good first step, but it will not automatically give custody to that man. The court will look at all of the circumstances of the case.


When father dies who gets custody of child?

Custody would normally go to the closest living relative, and if there are no relatives available, the child becomes a ward of the state.


How can my sister in Florida give temporary child custody to me in Michigan?

She needs the permission of the father and/or the court.


Can a father get visitation or custody if he has committed a lewd and lascivious act in Polk county Florida?

Supervised.